38 2024 TSMA And in contrast to an EU Directive, a Regulation leaves no room for divergence by national legislators. December 2024 may seem a fairly long way off right now but given the very substantial impact the GPSR will have on the sporting goods sector – throughout the whole supply chain – Taiwanese manufacturers and exporters are well advised to get ready for the multiple new tasks and challenges the GPSR regulation will bring to the table. It consists of 50 articles, but it is not the sheer volume of the GPSR that counts, but its far-reaching contents. The following article is by no means meant to be exhaustive, but it highlights certain focal points of the new forthcoming Regulation and some of the major practical consequences it will have for sports brands, manufacturers, importers, distributors, and retailers. What Products are covered by the EU's GPSR? A prime objective of the new GPSR Regulation is to prevent European consumers from being exposed to health and safety risks when using consumer products under reasonably foreseeable conditions. So all consumer products on the EU markets are affected. However, products that are exclusively designed for professional use, but which have subsequently migrated to the consumer market are also covered by the GPSR. A practical example would be safety footwear or fitness equipment purchased by professional gyms, which will then be used by consumers for exercise and training purposes. Even secondhand products or products that have been repaired, reconditioned, or recycled and which reenter the supply chain in the course of commercial activity fall within the scope of the GPSR. This is unless a clear message is sent to the targeted consumer that such a product has been reworked. Who is affected by the EU's GPSR? The GPSR makes it clear that economic operators in the supply chain should have proportionate obligations in relation to their respective roles. This means that spheres and scopes of responsibilities and obligations need to be defined. A retailer, for instance, may not be required to examine whether certain product information provided by a manufacturer or importer is correct or not; while an EU distributor at wholesale level may well have such an obligation. Unsurprisingly, the most comprehensive obligations and corresponding liabilities are imposed on the manufacturers of consumer products. Article 9 of the contains 13 paragraphs alone outlining (in detail) the scope of such obligations. These range
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